dismissed EB-2 (NIW) RFE Issued

Business Administrator And Consultant

Business Operations For Companies In The United States And Foreign Companies Conducting Business In The United States · Brazil · 2024-07-11

Decision Date
2024-07-11
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to serve as a business administrator and consultant providing strategic planning, risk management, project and investment analysis, and supplier data management. She also intends to train professionals in business administration and entrepreneurship to enhance business efficiency and competitiveness.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. Although the endeavor had substantial merit, there was no evidence of significant potential to employ U.S. workers or create broader economic impacts beyond individual clients. The second and third prongs were not reached as the failure of the first prong was dispositive.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish eligibility for the national interest waiver, to which the petitioner provided updated professional plans and statements.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-11.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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